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Please read this agreement carefully:

Signing up for web design and development services creates a contract between Client and GuamHost.com which consists of the order, the applicable service description and this agreement and that you are agreeing to be bound by all terms and conditions incorporated by reference in this agreement, including GuamHost.com's terms of service. Your use of the services constitutes acceptance of this agreement.

We work closely with our Clients to ensure the project is successful. We provide continual feedback and suggestions that will enhance both the usability of the website. We understand your business may grow and change, and every website we build is on a flexible platform so it can grow and change with your business. Below is our website design policy for your review:

GuamHost.com reserves the right, at any time, to modify and discontinue, either temporarily or permanently, our website design policy, or any part thereof, with or without notice. Client purchase of GuamHost.com's website design/re-design/backup/maintenance services shows Client understanding, acknowledgement and agreement with GuamHost.com's website design policy and bound by its terms and conditions.

1. Estimate. GuamHost.com will make every fair attempt to give a reasonable estimate based on functionality, complexity and design platform. The estimate is based upon the Client's description of tasks & functions requested – supplied by Client via email. We do not quote flat rate projects. If the Client requests more work to be done than what was initially agreed upon, extra time & design required to make changes to the website will be charged and paid by an additional invoice.

2. Completion Date. GuamHost.com will provide the Client with an estimated project completion date (live on the internet) if requested. We will endeavor to meet any given deadline, but we do not guarantee and are not bound in any way to complete the project by this date. GuamHost.com shall not be held responsible for delays to site development arising out of Client's delays in providing graphics, text and all content to GuamHost.com. If website is not completed or work is halted by Client's request, refunds for work completed will not be given.

3. Fees. Invoices are sent via email for work done by GuamHost.com. Fifty percent (50%) of total estimate, in addition to any hosting and domain fees that apply are due up-front. The final balance is due no later than 2 weeks after the website is delivered.

3a. If the Client takes longer than 45 days from the date of first payment to deliver and/or finalize the content and website production arrangements with the GuamHost.com, there will be a $20 delay of service fee per month. This rule, related to the above, is to keep development time short so that neither of us has to wait for your website to be finished.

3b. Client has the right to cancel the production service at any time during the process; however, the upfront fee(s) will not be refunded.

4. Copyright. The Client represents that all graphics and text including logos, trademarks and photos provided to GuamHost.com do not violate United States copyright law. All images displayed on the Client's website will only be used after authorization by the Client and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client, the issues or claims will be the sole responsibility of the Client. Client agrees to hold GuamHost.com harmless from any and all liability, claims or causes of action arising out of use of the content provided to GuamHost.com by Client. Client hereby grants to GuamHost.com the right to use the work for demonstration of past work performed and/or advertising purposes only.

5. Sole Agreement and Amendment. This contract constitutes sole agreement between GuamHost.com and the Client and hereby voids any prior verbal contracts. This agreement may be amended, in writing, by GuamHost.com at any time.

6. Guarantee. GuamHost.com makes no representations or guarantee as to the amount of traffic to the Client's website or interest generated in the Client's website. GuamHost.com makes no representations and does not guarantee an increase in Client sales nor promise top listing in any search engine or directory. GuamHost.com will use their best efforts to perform under the contract.

6. Third Party Software. Occasionally third party software is needed to meet the Client's needs.

7. Electronic Commerce Law. The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through their website and will hold GuamHost.com harmless from any claim, causes of action, penalty, tax, and/or tariff arising from the Client's use of electronic commerce.

8. Confidentiality. GuamHost.com understands that they will be working with confidential Client information and it will not disclose, distribute in any form or release Client confidential information to any third parties at any time during or after the website creation. This includes, but is not limited to, website-hosting and email address, user ids, passwords, trade information, and banking information.

8a. Security. Upon website completion, it is the responsibility of the Client to immediately change all account passwords GuamHost.com has had access to. Even if Client chooses or not to retain GuamHost.com for website maintenance, it is the responsibility of the Client to change all account passwords that GuamHost.com has had access to every time such revision or changes have been completed. This includes, but is not limited to, web-hosting and email address, user ids, passwords, trade information, and banking information. Client will hold GuamHost.com harmless should breach of security occur if Client has not changed business passwords.

9. Website Management is the full responsibility of the Client upon website completion.

10. Continuing Website Maintenance/Webmaster Hours. Once the website is complete, if the Client needs continuing website maintenance (changes, additions, removal or changes of products or graphics) this will all be done at an additional fee.

10a. GuamHost.com is not responsible for other contractors, developers or designers who may edit the Client's website that is authorized by the Client.

11. Domain name, Web Hosting and other Services. It is the responsibility of the Client to renew their web-hosting, domain name and other services when due. Client is responsible for all future payments of web-hosting, domain and other services. If these services expire, GuamHost.com can NOT be held liable for this.

12. Website Design. GuamHost.com will design all websites under their own web hosting server. The final edits of Client's website will also be completed on GuamHost.com's own web hosting server. The Client's website will not be transferred to the Client's web hosting until final payment has been confirmed. After funds have been physically received, GuamHost.com will then transfer website to the Client's designated web hosting account.

12a. Quality Assurance. After GuamHost.com has transferred Client's website to Client's designated web hosting server, GuamHost.com will perform quality assurance tasks to ensure website is working and performing correctly. If GuamHost.com finds any quality assurance issues, GuamHost.com will correct any quality assurance issue, normally within two weeks, but it is still a case to case basis determined by GuamHost.com. GuamHost.com is not responsible if the Client's designated web hosting company (not recommended by GuamHost.com) does not work properly with the functionality of various programs, modules, content management systems, coding and scripting of website.

13. Web Maintenance. GuamHost.com is not responsible for Client's website maintenance. Web design or web development does not include website maintenance. Client may pay for GuamHost.com webmaster services by the hour for website maintenance.

14. Loss or Damage. GuamHost.com is not liable for loss, damage or corruption of files or information stored on our web server or on Client's designated web-hosting server relating to a Client's website. The Client is solely responsible for regular backups of any information or files relating to their website.

15. Termination. This agreement may be terminated immediately if Client fails to pay any fees hereunder; or if Client fails to cooperate with GuamHost.com or hinders GuamHost.com's ability to perform the services hereunder.

16. Indemnification.

16a. GuamHost.com Indemnity. In performing services under this Agreement, GuamHost.com agrees not to design, develop, or provide to Client any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If GuamHost.com becomes aware of any such possible infringement in the course of performing any work hereunder, GuamHost.com shall immediately notify Client in writing. GuamHost.com agrees to indemnify, defend, and hold Client harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Client's responsibilities and Client Content.

16b. Client Indemnity. Client shall indemnify and hold GuamHost.com harmless from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by GuamHost.com as a result of any claim, judgment, or adjudication against GuamHost.com related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to GuamHost.com (the "Client Content"), or (b) a claim that GuamHost.com's use of the Client Content infringes the intellectual property rights of a third party.

17. Representations and Warranties.

17a. No Conflict. GuamHost.com represents and warrants that it is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by GuamHost.com under this Agreement and the Order. Client understands that GuamHost.com is currently working on one or more similar projects for other Clients. Provided that those projects do not interfere or conflict with GuamHost.com's obligations under this Agreement, those projects shall not constitute a violation of this provision of the Agreement.

17b. Conformity, Performance, and Compliance. GuamHost.com represents and warrants that (1) all Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill; (2) GuamHost.com will perform all work called for by this Agreement. GuamHost.com will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of Client's Web Site, said repairs to be free of charge to Client. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of GuamHost.com.

18. Disclaimer. GuamHost.com does not warrant that the operation of the website will be uninterrupted or error-free. GuamHost.com is not liable for loss, damage or corruption of files or information stored on our web server or on Client's designated web-hosting server relating to a Client's website. GuamHost.com reserves the right to revise its policies at any time. Client purchase of GuamHost.com's website design/re-design/backup/maintenance services shows Client understanding, acknowledgement and agreement with GuamHost.com's website design policy and bound by its terms and conditions.

19. Duly Authorized Representative. If this Agreement is executed then each Party warrants that their representative who purchased GuamHost.com services is the duly authorized by all necessary and appropriate corporate actions to execute this Agreement.

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